The Framework of Criminal Law

Legislation on Bias-motivated Violence: None

Bias-motivated Violent Crimes as Specific Offenses	Bias as an Express General Aggravating Factor	Bias as an Aggravating Factor in Specific Common Crimes

Bias Types Covered by Provisions on Aggravating Circumstances: N/A

Race/National Origin/Ethnicity	Religion	Sexual Orientation	Gender	Disability	Other

The Criminal Code of Monaco does not contain any general provisions that expressly enable the racist or other bias motives of the offender to be taken into account by the courts as an aggravating circumstance when sentencing.[1]

In its most recent report on Monaco (2007), the European Commission against Racism and Intolerance (ECRI) stated that “the Monegasque authorities have assured ECRI that the Code of Criminal Procedure is currently being revised and they have specified that in practice, racist acts are punished on the basis of offences covered by common law and that the racist nature would justify the pronouncement of an aggravated sentence.” Nonetheless ECRI reiterated its recommendation that legislation be updated so that racist motivation can be considered an aggravating factor in the commission of a violent crime.[2]

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[1] OSCE/ODIHR, “Monaco: Hate Crimes,” Legislationline, http://www.legislationline.org/?tid=218&jid=36&less=false.

[2] ECRI, “Report on Monaco,” para. 15, 16, adopted on December 15, 2006 and released on May 24, 2007.